The Constitutional Court of Portugal has issued a decision concerning the final appeal of former banker Ricardo Salgado, who had contested an eight-year prison sentence related to the Operation Marquês case. Salgado argued that the sentence violated “fundamental principles of human dignity, proportionality, criminal process guarantees, and the right to health.”
The court, with Judge Rui Guerra da Fonseca as the rapporteur, concluded to “not acknowledge the subject matter of this appeal” and ordered Salgado to pay court fees amounting to 2,040 euros.
In March 2022, Ricardo Salgado was initially sentenced to six years in prison for three counts of breach of trust. However, the Lisbon Court of Appeal increased his sentence to eight years in May 2023. Salgado subsequently appealed to the Supreme Court, which upheld the eight-year term but stipulated that his health must be assessed before he serves his sentence.
The Constitutional Court emphasized that the Supreme Court did not rule out the possibility of sentence suspension. They noted that this allows for the application of the Penal Code’s article that permits suspension in cases of mental health issues among convicted individuals.
In February 2024, a Supreme Court ruling stated that an assessment of Salgado’s health condition should determine whether a sentence suspension is warranted before imprisonment begins.
This ruling necessitates a fresh prior medical evaluation by the first-instance court to verify whether Salgado is capable of understanding and serving his sentence and whether enforcing the sentence is reasonable.
Ricardo Salgado’s defense team has declined to comment on the matter when contacted.
